My Pikin: Bid to remove firm’s name from suit stalled

Manufacturers of “My Pikin’’ teething mixture, Barewa Pharmaceutical Company, has asked a Federal High Court, Lagos, to strike out its name from the ongoing case over alleged manufacture and distribution of adulterated drug.

The company’s counsel, Mr. Osaro Eghobamien, made the application at the resumed hearing of the case on Monday.

Barewa Pharmaceutical Company, the fourth defendant; its CEO, Gbadegeshin Okunlola; and two of its staff – Adeyemo Abiodun and Egbele Eromosele, have been facing trial since March 8, 2009.

The News Agency of Nigeria reports that the National Agency for Food and Drug Administration and Control is prosecuting the accused persons.

Okunlola, a pharmacist, however, died on October 27 at the age of 58 compelling the court to strike out his name from the charge.

Eghobamien prayed the trial judge, Justice Okechukwu Okeke, to strike-out the name of the company following the death of the first accused Okunlola.

He also asked the court to strike out the name sought to replace that of the deceased CEO, arguing that the offence for which Okunlola was charged was based largely on personal intent.

According to him, nobody should be made to stand trial in place of the late CEO.

The counsel noted that though the company was a legal entity, the director who was primarily responsible for the offence was now dead.

Eghobamien submitted that the death of Okunlola should ordinarily have brought the case to an end.

Rejecting the argument, Justice Okeke said that such argument could not be made at this stage of the proceeding, when no person had been produced to replace the deceased.